Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-02-09
the SUNDAY Law 4 s

Judge Lippincott gave bis decision yes
terday in the case of the Territory "
Gordon 4 Richie, charged with violating thu
Sabbath in running . variety theatsr on
that day. The case was originally brought
before Justice DiDsevon. A motion for a
change of venue was made by defeDdsnta
which he denied. The cas- was tried and
the jury, after being out twenty-four hours.
failed to agree and were discharged. JUS
tice Dingevon then passed over the papers
in the case to Judge Lippincott for q trial
OF the case IN his court. It came up last
Thursday. Defendants objected to going to
trial on the ground that the case properly
belonged to Justice Dingevon's court, and
therefore Judge Lippincott had no juris.
diction in tho matter. The Judge reserved
his decision until yesterday when he sus-
tanned the objection and dismissed thecase.
The prosecution excepted and will take
the point to tho district court. This is
I the history Of the case as We understand it.
Whether the district court s~ustains
Judge Lip~pincott's decision or not. the
case, il still prosecuted, will have to be
tried over again in q lower court. OF
course the taxpayers OF the county will
nave to foot the bill, and in view OF the
fact that the best legal talent in the Terri.
tory has declared that no conviction can
follow a prosecution under the law, and in
view of the further fact that the cost OF
this trial will amount to no uncomfortable
sum, the question may be asked whether
this is q prosecution or persecution. 1t
is we'll known that the same law prohibits
and horse racing on Sundays as
we'll as theatrical entertainments, yet it is
that the Territorial Fair Associa-
ton, the West Side and other racing asso-
cations, gambling saloons, legitimate thea
,ers and social organizations have all had
hand in violating the law in question,
,ut no arrests have heretofore been made I
imply because the law will not hold water I
the higher courts. In view OF these facts
HE MINER cannot but express the opinion t
hat the taxpayers OF Silver Bow county {
re being bled for NJ purpose-that they ii
re paying very dear for their whistle. il
The MINER strongly favors quiet, decent
of the Sabbath day, but it
olds it's observance should not be an en-
,rced one. It does not believe morality
an be legislated in any man nor in q COM
unity. That theory vas exploded years e.
90, but not until after witches were y
rownej and Quakers had their tongues +,
jared with q hot iron or cut out. The +,
avs of religious intolerance have passed r,
way forever, and men ri broad, liberal and r.
views are leading public opinion o,
the matter OF Sunday observances. az
lille we believe it would be better Tor the .,
orld if amusements OF a light, frivolous h;
were dispensed with en- Sunday N
nd men would engage in more elevating In,
OF that day, yet We do not be. 20
we a law can b, framed that will make A.
Ell dispense with the one or engage in the r.
her. 1t is an old saying you al lead a m
,rse to water but you cannot make him r.
-
The MINER publishes a seven day paper. m
would give a stalwart kick in which it ii;
onld probably be joined by all it's readers, a,
IN attempt were made to prohibit tho =,
sue OF its regular Sunday and Monday y.
orning editions. The time was, however, =,
I'd not in tho very remote past, when y,
wspaper Offices were closed by law on -
lnday. An advanced public opinion AZ
'uld not sustain such an enactment now, =,
# will it sustain any law which marks ~
It the path for a man to tread on the 80
Ibbath day. The motto is now: mil ~
ms for moral suasion, but not one cent -.
T legal coercion"